Terms of Use

1. Acceptance of these Terms

By creating an account, posting a job, submitting a quote, or otherwise using the Platform, you confirm that you are at least 18 years old and agree to these Terms and our Privacy Policy. If you do not agree, do not use the Platform.

By creating an account you affirmatively accept these Terms and the Privacy Policy. These Terms apply to the Upostem website and the Upostem mobile app.

2. Accounts

You must provide accurate information when you register and keep it up to date. You are responsible for safeguarding your password and for all activity under your account. Notify us promptly of any unauthorized use.

3. Member and contractor roles

The services side of the Platform supports two primary roles. Members post jobs, review quotes, and hire contractors through the Platform. Contractors apply for an account, undergo verification (including a check of any applicable state license; for Florida contractors, this is checked against the Florida Department of Business and Professional Regulation, “DBPR”), submit quotes, and perform the services they are hired to do. Contractors are never charged per lead.

4. Marketplace listings and item sales

The Platform also includes a goods marketplace where users can list items for sale and buy from one another. Sellers are responsible for the accuracy and legality of their listings, for owning or having the right to sell what they list, and for completing the sale as described. Buyers are responsible for inspecting an item before completing a purchase. Listings that are unlawful, misleading, or inappropriate (as determined by us) may be removed, and repeat violations may result in account suspension. Any sale is a transaction directly between the buyer and the seller. Upostem is not a party to it and provides no warranty for listed items.

Marketplace item sales are transactions between buyer and seller; Upostem is not a party to the sale.

5. The Platform is a venue

Upostem provides a marketplace that helps members and contractors find one another and manage a job, and that helps buyers and sellers connect on item listings. Upostem is not a party to any agreement between a member and a contractor or between a buyer and a seller, does not perform contracting services, and does not employ, supervise, or control contractors. Contractors are independent businesses.

6. No employment or agency relationship

Nothing in these Terms creates an employment, agency, partnership, or joint-venture relationship between Upostem and any user. Contractors are solely responsible for their work, their licensing and insurance, their workers, and compliance with all applicable laws.

7. Verification is not a guarantee

We take reasonable steps to verify contractor licenses and information, but verification is a convenience, not a warranty. We do not guarantee the quality, safety, legality, or outcome of any service, or the accuracy of any user-provided information. You are responsible for your own due diligence before hiring.

8. Payments, quotes, and disputes

Quotes, pricing, and any payment arrangements are agreed between the member and the contractor. Where the Platform facilitates payments, you agree to the applicable payment-processor terms. Disputes about services, quality, or payment are primarily between the member and the contractor; Upostem may, at its discretion, offer tools to help resolve them but is not obligated to do so.

9. Upostem Pro membership (contractors)

Contractors may subscribe to Upostem Pro, a paid membership. On our website it is billed at $5.00 per month or $50.00 per year in U.S. dollars. In the Upostem iPhone app you can instead subscribe through Apple's in-app purchase, at the price the App Store shows you before you confirm. Some trades are exempt and receive Pro features at no charge; if that applies to you, no plan or payment method is required and nothing in this section applies.

What the membership unlocks. Without an active membership — one you have not set up, or one you have canceled — you cannot reply to job requests, send quotes, message members about jobs, open the full details of a job request, or have new job posts sent to you.

Free trial. New contractor businesses receive a six-month free trial of the website membership, measured from the date the business is created on the Platform. We collect your payment method when you choose a plan, but you are not charged during the trial; if less than two days of it remain when you subscribe, billing starts when you subscribe. If you subscribe through Apple, any free trial is Apple's introductory offer: the App Store shows it before you confirm, it starts on the day you subscribe, and it is available only to Apple IDs that have not used it before.

Automatic renewal. Unless you cancel first, your membership starts automatically at the end of any free trial and renews automatically at the end of each billing period — monthly for the monthly plan, annually for the annual plan — and you are charged the then-current price each period. This continues until you cancel. An Apple subscription is charged to your Apple ID and renews unless you turn off auto-renew at least 24 hours before the end of the current period.

How to cancel. You can cancel at any time, without contacting us. A website membership: Account → Upostem Pro → Manage billing. An Apple subscription: on your iPhone, open Settings, tap your name, then Subscriptions — only you can cancel it there; we cannot cancel it for you.

What canceling does. Once you cancel you are not charged again. When you cancel a website membership, the features described under “What the membership unlocks” stop immediately, even if part of a paid period or free trial remains. For an Apple subscription, turning off auto-renew during its free trial stops them immediately; turning it off during a paid period keeps them on until that period ends. Renewing your membership, or subscribing again, turns them back on.

Deleting your account. Deleting your Upostem account cancels any website membership. It does not cancel an Apple subscription: cancel that with Apple first, or Apple will keep charging you.

Refunds. Membership fees paid on our website are non-refundable, including for partial periods, except where refunds are required by law. If you believe you were billed in error, email us at support@upostem.com and we will review it. Refunds for Apple subscriptions are decided by Apple under Apple's terms; we cannot issue them.

Failed payments. If a charge fails, your payment processor or Apple may retry it. Pro features that need an active membership may be paused while a payment is failing, and your membership may be canceled if it remains unpaid.

Price changes. We may change membership prices. For a website membership, we will email you at least 30 days before a new price takes effect, and the new price applies from your next renewal. If you do not want the new price, cancel before it takes effect. Price changes to an Apple subscription follow Apple's rules, including any notice or consent Apple requires.

Payment processing. Website membership payments are processed by Stripe. Your card details go directly to Stripe and are never stored on Upostem's servers. Apple subscriptions are billed by Apple under Apple's terms; we receive the purchase and subscription status Apple shares with us, never your payment details.

10. Acceptable use

You agree not to:

• post false, misleading, or unlawful content;
• impersonate any person or misrepresent your licensing or affiliation;
• circumvent fees, verification, or the Platform's intended use;
• harass, abuse, or harm other users; or
• interfere with or attempt to disrupt the Platform's operation or security.

11. Disclaimer of warranties

The Platform is provided “as is” and “as available,” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Platform will be uninterrupted, error-free, or secure.

12. Limitation of liability

To the maximum extent permitted by law, Upostem will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss arising from the acts or omissions of a member or contractor. Our total liability for any claim relating to the Platform will not exceed the greater of the amounts you paid to Upostem in the twelve months before the claim or one hundred U.S. dollars (USD $100).

13. Termination

We may suspend or terminate your access to the Platform at any time, with or without notice, if you violate these Terms or if we discontinue the service. You may stop using the Platform and close your account at any time.

14. Governing law

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. You agree to the exclusive jurisdiction of the state and federal courts located in Pinellas County, Florida.

15. Changes to these Terms

We may update these Terms from time to time. Each version of these Terms has a version number and a “last updated” date. If we make a material change, we will notify you and require you to re-accept the updated Terms the next time you sign in before you can continue using the Platform.

16. Contact

Questions about these Terms? Email us at support@upostem.com.